TN 15 (05-08)

A. Definition

This section presents the types of evidence used to establish an alien’s presence in the U.S. for any part of one day, and continuing presence for 30 consecutive days or one full calendar month stay. The types of evidence nearer the top of each list are considered more convincing than those nearer the bottom of the list, but any evidence on the list is acceptable.

Presence in the U.S. means physical presence. Any documentary evidence that establishes the alien’s physical presence in the U.S. during the period in question will constitute proof of presence.

NOTE: See (RS 00204.010) - Lawful Presence Payment Provisions and (RS 02610.041) - Lawful Presence and the Alien Nonpayment Provisions for lawful presence requirements under the Title II Welfare Reform provisions.

B. Evidence to Establish Proof of Presence in the U.S.

Documentary evidence must be requested before signed statements are accepted.

1. Presence in the U.S. for Any Part of One Day

Inform the beneficiary of the various types of acceptable evidence as mentioned below. Request that the beneficiary submit the best evidence available.

• Alien visits the FO in the U.S. for an in person report of contact the day he/she enters the U.S. and the visit is documented by the FO through the POS on the LEUS screen.

• Alien presents an Alien Registration Card (I-551) certifying the date of the admission into the U.S. as a permanent resident, See (RS 00204.025) - Evidence Requirement for Establishing U.S. Lawful Presence.

• Alien presents an official visa, passport or entry permit (for entry permit verify the month and day of arrival) verifying the month of arrival in the U.S.

• Alien provides U.S. Post Office receipts, if signed by the beneficiary and dated; registered mail addressed to the beneficiary at a U.S. address and received by him/her there on a certain date. Do not use post cards or letters signed by the alien bearing a U.S. postmark since this could have been signed outside the U.S. and mailed in the U.S. by an agent of the alien.

• Alien provides other documents issued to and signed by the alien which establishes his/her physical presence in the U.S. (e.g., hotel or motel receipts, receipts signed by the alien for credit purchases in the U.S., applications for licenses or permits filed by the alien within the U.S., and reports of medical examinations).

• Alien provides other probative evidence (e.g., signed statements from one or more U.S. residents attesting to the alien’s presence in the U.S. at a particular time stating his/her addresses and stating the basis for his/her knowledge).

2. Presence in the U.S. for 30 Consecutive Days or One Full Calendar Month

When developing continuous presence in the U.S. for 30 consecutive days or one full calendar month, always obtain documentary evidence to establish that the alien was in the U.S. throughout the entire closed period.

a. Documentary Evidence and the Alien’s Statement

Documentary evidence for the visits can be:

• Hotel/motel receipts in the aliens name identifying the hotel (generic receipts are not acceptable) and indicating the period of residency; or

• A passport showing both entry and departure dates from the U.S., or a passport showing an entry date and the individual is still in the U.S. and visits a F.O. (e.g., indicating a closed, continuous period of presence in the U.S. for the required period, absent evidence to the contrary).

  NOTE: This is not an all-inclusive list. Any documentary evidence which establishes continuous presence in the U.S. may be accepted.

In addition, always obtain a signed statement from the alien. See sample in (RS 02610.023C.1.) - Acceptable Evidence of Presence in the U.S. for Any Part of One Day, 30 Consecutive Days, One Full Calendar Month. The signed statement must include:

• the dates the alien entered and left the U.S.;

• the address at which the alien stayed; and

• a statement by the alien that he/she did not go outside the U.S. at any time during the month he/she was present in the U.S.

b. Documentary Evidence Requested, but Not Available

If the alien has not provided documentary evidence to establish his/her continuous presence in the U.S. for the required period, document the action to show that documentary evidence was requested but was not available and the reason why it was not available.

Then obtain:

• A statement from the person furnishing lodging throughout the 30 consecutive days or one full calendar month stay in the U.S., See sample in (RS 02610.023C.2.) - Acceptable Evidence of Presence in the U.S. for Any Part of One Day, 30 Consecutive Days, One Full Calendar Month and

• Corroborating statements from clergymen, neighbors, doctors or others likely to have knowledge of the alien’s presence in the U.S., See sample in (RS 02610.023C.3.) - Acceptable Evidence of Presence in the U.S. for Any Part of One Day, 30 Consecutive Days, One Full Calendar Month.

NOTE: All persons giving corroborating statements must give his/her address, indicate the basis for his/her knowledge, and the date the alien entered the U.S. and left the U.S.

C. Exhibits

1. Exhibit A – Sample Language for SSA-795 (Beneficiary Statement)

   I [ ] will be or [ ] have been present in the U.S. from (date) ___________ to (date) _____________ for a [ ] full calendar month or

   [ ] 30 consecutive days.

   I affirm that I [ ] will not or [ ] did not go outside the U.S. at any time during this entire stay.

   My children were also with me and did not go outside the U.S. during this entire stay. List children below:

   NAME:

   NAME:

   NAME:

   Evidence of stay submitted:

   [ ] Hotel/motel receipts (your name and period of residence required); OR

   [ ] Passport showing entry and departure dates; OR

   [ ] Other evidence showing continuous stay; OR

   [ ] No evidence because I stayed with family/friends at

   (address) ______________________________________________

   I will also provide:

   (1) statement of person furnishing lodging; AND

   (2) statement of third party (clergy, neighbor, doctor, other) having knowledge of this stay in the U.S.

2. Exhibit B – Language for SSA-795 (Statement from the person furnishing lodging)

   I provided lodging at (address) _________________________________

   for the person(s) listed below from (date) ___________to (date) _______________.

   This is my [ ] home, [ ] rental house, [ ] other ___________________.

   To the best of my knowledge, I affirm the person(s) did not go outside the U.S. at any time during this stay.

   Name:

   Name:

   Name:

3. Exhibit C – Language for SSA-795 (Statement of third party)

   Statement of third party (clergy, neighbor, medical staff, or other ______________)

   To the best of my knowledge, I affirm the person(s) listed below were in the U.S. from (date) ___________ to (date) ____________. I know this because (explain):

   Name:

   Name:

   Name:

D. References for FO and PSC Actions

RS 02610.024, Field Office (FO)/Program Service Center (PSC) Actions upon Receipt of Proof of Presence in the U.S.

MSOM COMMON 005.024, Left U.S./Outside of U.S. (LEUS)